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2025 DAILYLAW 109646 (ALL)

VIPIN KUMAR YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43061/2024 · 2025-02-27

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:28438 Court No. - 52 Case :- APPLICATION U/S 482 No. - 43061 of 2024 Applicant :- Vipin Kumar Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. List revised. No one appears on behalf of the applicants, however, learned A.G.A. for the State is present. Perused the record. The present application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 24.04.2023 passed by Chief Judicial Magistrate, Gorakhpur as well as entire proceedings of S.T. No. 1461 of 2023 (State of U.P. Vs. Vipin Kumar and others), arising out of Case Crime No.417 of 2022, under Sections 498A, 304B, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Khajani, District Gorakhpur, pending in the court of Special Judge, F.T.C.-I, Gorakhpur. Before considering the present application on merits by the Court, Mr. Amit Singh Chauhan, learned A.G.A. has raised preliminary objection to the maintainability of the present application by submitting that this is the second application filed by the applicant under Section 482 Cr.P.C. for quashing the entire proceedings of the aforesaid criminal case along with summoning order against the applicant. The applicant had earlier approached this Court by means of Criminal Misc. Application U/s 482 Cr.P.C. No.36307 of 2024 (Vipin Kumar and Ors. VS. State of U.P. & Another), which has been dismissed vide order of date. In view of the aforesaid, the learned A.G.A. submits that this second application under Section 482 Cr.P.C. is not maintainable and is liable to be dismissed. In view of the aforesaid, this second bail application for quashing of the same criminal case is not maintainable and is dismissed accordingly. Order Date :- 28.2.2025/Abhishek Singh Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad